People v. Cannon

Defendant, age 19 at time of charge, was convicted, after bench trial, of unlawful consumption of alcohol by a minor. Court properly granted Defendant's motion to suppress evidence. Police officer walked onto back deck of Defendant's mother's house, without a warrant. Entry onto back deck was reasonable, to ask homeowner about noise complaint, and officer could hear noise coming from back deck. State failed to prove that Defendant was not directly supervised by his mother while he was drinking alcohol, and thus State failed to prove that Defendant did not fall within exemption of the Liquor Control Act for minors drinking under supervision of a parent within the privacy of a home. (O'BRIEN, concurring; SCHMIDT, concurring in part and dissenting in part.)